Income Tax Conventions Implementation Act, 2001 (S.C. 2001, c. 30)
Full Document:
Assented to 2001-12-18
Income Tax Conventions Implementation Act, 2001
S.C. 2001, c. 30
Assented to 2001-12-18
An Act to implement agreements, conventions and protocols concluded between Canada and Slovenia, Ecuador, Venezuela, Peru, Senegal, the Czech Republic, the Slovak Republic and Germany for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income
SUMMARY
The purpose of this enactment is to implement income tax treaties — income tax conventions or agreements and protocols thereto — that have been concluded with Slovenia, Ecuador, Venezuela, Peru, Senegal, the Czech Republic, the Slovak Republic and Germany.
Parts 1 to 7 of this enactment implement tax treaties with Slovenia, Ecuador, Venezuela, Peru, Senegal, the Czech Republic and the Slovak Republic. This is the first time that Canada has concluded a tax treaty with any of these States. It should be noted, however, that the tax treaty between the Government of Canada and the Government of the Czech and Slovak Federal Republic, signed on August 30, 1990, currently applies between Canada and the Czech Republic and Slovak Republic, respectively.
Part 8 of this enactment amends the Canada-Germany Tax Convention Act, 1982 to implement a new treaty, replacing the tax agreement with Germany that is currently in force.
The tax treaties implemented by this enactement reflect efforts to update and expand Canada’s network of tax treaties so as to obtain results in conformity with current Canadian tax policy. These treaties are generally patterned on the Model Double Taxation Convention prepared by the Organisation for Economic Co-operation and Development.
Income tax treaties have two main objectives: the avoidance of double taxation and the prevention of fiscal evasion. Since they contain taxation rules that are different from the provisions of the Income Tax Act, they become effective only after an Act giving them precedence over domestic legislation is passed by Parliament.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Income Tax Conventions Implementation Act, 2001.
PART 1CANADA–SLOVENIA INCOME TAX CONVENTION
Marginal note:Citation of Part 1
2. This Part may be cited as the Canada–Slovenia Income Tax Convention Act, 2001.
Definition of “Convention”
3. In this Part, “Convention” means the Convention between the Government of Canada and the Government of the Republic of Slovenia set out in Schedule 1.
Marginal note:Convention approved
4. The Convention is approved and has the force of law in Canada during the period that the Convention, by its terms, is in force.
Marginal note:Inconsistent laws — general rule
5. (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Part or the Convention and the provisions of any other law, the provisions of this Part and the Convention prevail to the extent of the inconsistency.
Marginal note:Inconsistent laws — exception
(2) In the event of any inconsistency between the provisions of the Convention and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency.
Marginal note:Regulations
6. The Minister of National Revenue may make any regulations that are necessary for carrying out the Convention or for giving effect to any of its provisions.
Marginal note:Publication of notice
7. The Minister of Finance shall cause a notice of the day on which the Convention enters into force and of the day on which it ceases to have effect to be published in the Canada Gazette within 60 days after its entry into force or termination.
PART 2CANADA–ECUADOR INCOME TAX CONVENTION
Marginal note:Citation of Part 2
8. This Part may be cited as the Canada–Ecuador Income Tax Convention Act, 2001.
Definition of “Convention”
9. In this Part, “Convention” means the Convention between the Government of Canada and the Government of the Republic of Ecuador set out in Part 1 of Schedule 2, as amended by the protocol set out in Part 2 of that Schedule.
Marginal note:Convention approved
10. The Convention is approved and has the force of law in Canada during the period that the Convention, by its terms, is in force.
Marginal note:Inconsistent laws — general rule
11. (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Part or the Convention and the provisions of any other law, the provisions of this Part and the Convention prevail to the extent of the inconsistency.
Marginal note:Inconsistent laws — exception
(2) In the event of any inconsistency between the provisions of the Convention and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency.
Marginal note:Regulations
12. The Minister of National Revenue may make any regulations that are necessary for carrying out the Convention or for giving effect to any of its provisions.
Marginal note:Publication of notice
13. The Minister of Finance shall cause a notice of the day on which the Convention enters into force and of the day on which it ceases to have effect to be published in the Canada Gazette within 60 days after its entry into force or termination.
PART 3CANADA–VENEZUELA INCOME TAX CONVENTION
Marginal note:Citation of Part 3
14. This Part may be cited as the Canada–Venezuela Income Tax Convention Act, 2001.
Definition of “Convention”
15. In this Part, “Convention” means the Convention between the Government of Canada and the Government of the Bolivarian Republic of Venezuela set out in Part 1 of Schedule 3, as amended by the Protocol set out in Part 2 of that Schedule.
Marginal note:Convention approved
16. The Convention is approved and has the force of law in Canada during the period that, by its terms, it is in force.
Marginal note:Inconsistent laws — general rule
17. (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Part or of the Convention and the provisions of any other law, the provisions of this Part and of the Convention prevail to the extent of the inconsistency.
Marginal note:Inconsistent laws — exception
(2) In the event of any inconsistency between the provisions of the Convention and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency.
Marginal note:Regulations
18. The Minister of National Revenue may make any regulations that are necessary for carrying out the Convention or for giving effect to any of its provisions.
Marginal note:Publication of notice
19. The Minister of Finance shall cause a notice of the day on which the Convention enters into force and of the day on which it ceases to have effect to be published in the Canada Gazette within 60 days after its entry into force or termination.
PART 4CANADA–PERU INCOME TAX CONVENTION
Marginal note:Citation of Part 4
20. This Part may be cited as the Canada–Peru Income Tax Convention Act, 2001.
Definition of “Convention”
21. In this Part, “Convention” means the Convention between the Government of Canada and the Government of the Republic of Peru set out in Part 1 of Schedule 4, as amended by the protocol set out in Part 2 of that Schedule.
Marginal note:Convention approved
22. The Convention is approved and has the force of law in Canada during the period that the Convention, by its terms, is in force.
Marginal note:Inconsistent laws — general rule
23. (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Part or the Convention and the provisions of any other law, the provisions of this Part and the Convention prevail to the extent of the inconsistency.
Marginal note:Inconsistent laws — exception
(2) In the event of any inconsistency between the provisions of the Convention and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency.
Marginal note:Regulations
24. The Minister of National Revenue may make any regulations that are necessary for carrying out the Convention or for giving effect to any of its provisions.
Marginal note:Publication of notice
25. The Minister of Finance shall cause a notice of the day on which the Convention enters into force and of the day on which it ceases to have effect to be published in the Canada Gazette within 60 days after its entry into force or termination.
PART 5CANADA–SENEGAL INCOME TAX CONVENTION
Marginal note:Citation of Part 5
26. This Part may be cited as the Canada–Senegal Income Tax Convention Act, 2001.
Definition of “Convention”
27. In this Part, “Convention” means the Convention between the Government of Canada and the Government of the Republic of Senegal set out in Schedule 5.
Marginal note:Convention approved
28. The Convention is approved and has the force of law in Canada during the period that the Convention, by its terms, is in force.
Marginal note:Inconsistent laws — general rule
29. (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Part or the Convention and the provisions of any other law, the provisions of this Part and the Convention prevail to the extent of the inconsistency.
Marginal note:Inconsistent laws — exception
(2) In the event of any inconsistency between the provisions of the Convention and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency.
Marginal note:Regulations
30. The Minister of National Revenue may make any regulations that are necessary for carrying out the Convention or for giving effect to any of its provisions.
Marginal note:Publication of notice
31. The Minister of Finance shall cause a notice of the day on which the Convention enters into force and of the day on which it ceases to have effect to be published in the Canada Gazette within 60 days after its entry into force or termination.
PART 6CANADA–CZECH REPUBLIC INCOME TAX CONVENTION
Marginal note:Citation of Part 6
32. This Part may be cited as the Canada–Czech Republic Income Tax Convention Act, 2001.
Definition of “Convention”
33. In this Part, “Convention” means the Convention between the Government of Canada and the Government of the Czech Republic set out in Schedule 6.
- Date modified: